"Improper, fraudulent or dishonest dealing" within the meaning of
G.S. 89D-7 includes
dishonest practice, unprofessional conduct and acts of incompetence.
The following shall be deemed to
constitute "dishonest practice":
(1) To make
any false or deliberately misleading statements in an application for
examination or in any statements or representations to this Board, to a client,
or to another landscape contractor.
(2) To violate the laws of North Carolina or
of any other state relating to the practice of landscape contracting, or to
violate any rule of this Board.
To use or attempt to use the title or seal under a certificate that has been
suspended or revoked or which has not been renewed.
(4) To use or to permit the name or the
professioanl seal of the landscape contractor to be used on the plans or
specifications or other professional documents not personally prepared, or
prepared under the immediate supervision of such landscape
following acts shall be deemed to constitute "unprofessional conduct":
(1) To use any gift or donation as a device
for obtaining competitive advantage over another landscape
(2) To do any act that
would falsely or maliciously injure the professional reputation, prospects,
practice or employment position of another landscape contractor;
(3) To attempt to supplant another landscape
contractor after definite steps have been taken by a client towards the
latter's employment; or to undertake a commission for which he knows another
landscape contractor has been employed, unless and until he has been notified
by either the client or the other landscape contractor that the original
employment has been terminated;
To allow his name to be associated with an undertaking in any professional
capacity unless he has served specifically in that capacity;
(5) To offer payment directly or indirectly
to others in order to obtain work.
The following acts or omissions shall be
deemed to constitute "acts of incompetence":
(1) To fail to use diligence in planning,
supervising, performing, or inspecting landscape work directly resulting in
improper and unprofessional practices and results.
(2) To be guilty of such acts or omissions as
to demonstrate to the satisfaction of the Board that the holder of the
certificate is mentally incompetent or habitually addicted to alcohol or drugs
so as to render the registrant unfit to practice landscape